The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-06-12
THE LAST LECTURE.
Judge Sutherland's Closing
Effort at the University.
IN THE COURTS OF EQUITY
GaneraI Outline OF Cases Over
which the Court OF Equity
Has Jurisdiction.

4 law lectures at the university yeSteA-
day. Following is synopsis:
There is an erroneous notion that
court of equity administers capricious
kind of justice, unregulated by law, and
intended to be governed by the con-
science of the chancellor only. This is not
true, as the laws which govern that
court in its administration of remedies
are as fixed and certain as the rules gov
erning courts of law.
The remedies of the two courts
courts of law and equity ARE not OPP
posed to each other. Equity aids the
law and acts as an auxiliary court in
many instances, and in other cases car
ries the remedy further, and adapts it
to particular cases. affording remedies
not possible in courts of law. Wherever
the remedy in a court of law is complete,
| the suit must De brought in this court.
Persons are only to go into courts OF
equity when the legal remedy IS detee-
| tive, and then only by following the
principles of the law OF equity and by
applying the remedy which that law adj
! ministers.
| Comprehensive as IRE legal remedies.
| they fall short of affording, in all ex
igencies, remedies for wrongs. There
are rights in equity which courts of
law take no notice of. These take the
name of equitable rights as distin-
guished from legal rights. Courts of
law deal with legal rights; courts
of equity with equitable rights. When
the powers of the court of equity, how
| ever, are properly evoked, it takes
notice of legal rights so far as they are
involved in the case.
An instance, showing the difference
| between legal and equitable rights, is in
case of trusts.=Where trusts exist, there
is a separation of the equitable or
beneficial right which is vested in one
person, from the legal right which is
vested in another. Wherever trusts
exist, the legal title is conveyed to the
trustee, and the one entitled to the
| law takes notice only of the rights OF
the legal owner, while equity takes
notice IF the rights of the beneficiary.
| Trusts are of frequent occurrence. Ii a
debtor in failing circumstances wants
his property administered, he makes
an assignment TO trustee, giving that
trustee full directions to sell property,
settle debts and pay him the residue.
The man to whom the assignment is
made is trustee. He can sue for the
collection of all debts. and can act as a
legal owner, applying, if necessary, to
courts of law to secure him his legal
rights. The rights of creditors are
equitable rights. Ii the trustee does
not pay the men, they would have to
apply TO the court OF equity, asking this
court TO make an order on him to fulfill
the trust.
This is only one instance. There are
others. Suppose man about to gel
married makes settlement by convey
ing to a third person a piece of land
with the understanding that it is to be
, applied for the benefit of the wife ant
her children, and the title transferred
TO her on the happening of some spec
fled event. He has the legal title. the
wife the equitable right. If the trustee
failed to do his duty, the wife would
have a remedy by applying to cour
of equity. II he had converted the lanC
to his own Use, the court may recognize
j and restore the proceeds, even if the.
had to be followed through a lonl
, series of circumstances, so loni
. as they did not fall int
. the hands of bona .fde purchaser
:. Trusts are often created by will. Thu
executor is to hold the title, Great
D revenues, make sales and make tn
. proceeds productive, or do anythin
4 else that the testator may direct. Tn
court of equity may compel the pei
s Torrance of these duties.
The law of equity, by construction
imposes. upon a person who has OBJ
Ii tanned anotner's property by fraud
q | EI,o ohI IF fr1 in Ordnr RI
Y out equitable Justice. The court G
= equity may be applied to, to make tn
: fraudulent possessor of property re
II turn the proceeds or the property Itself
q and to account for all the property
n NAV have produced in all respects tn
3, same as though he had undertaken
ID trust. This is called an imposed trust.
There are implied trusts where per
70 son is looking for the exchange or sal
~ of property upon a valid contract c
- sale. EQUITY deals with such a con
=, tract (if it is one that ought to be per
% formed) giving 10 each party by con
70 struction the rights he would have
n the contract hal been performed
~ Courts of equity do not decree, how
~ ever, the performance of all contracts
=; In determining what cases are TO b
n. tried in courts of equity, the rule
Kept IN view, Enal Is, the remedy IN ld'
is adequate; this is the one to /
7. sought. If damages in a certai
re case would be an adequate remed!
+ equity would not take the cas-
m Contracts for service, sale of persons
ne property, etc., if not fulfilled, al
- deemed to be of such nature that tt
10 person wronged in such case can o
IN tain adequate compensation by al
n plying to courts of law for the remed,
az For sale of land, courts of law are NJ
e. likely TO give complete compensation
for the rule is that where a vendor fai
to perform deed according to col
ne tract, the vendee can only recover b
OF money. So, if there were an advant
tn in the price of the land, as the mone
as paid is all that could be recovered in
d court of law, this would not be 6
e. adequate remedy, and the court
to equity would have to be resorted to.
or Equity deals with all intricate case
Id Where the trial proceeds with rapidit
sn the unraveling of intricate accoun
be can not be well carried ouc. So. Il
be law gives one the right to have intrica
he cases settled by equity. Therefore.
he cases of partnership are impossible
Is. be settled at law courts. An associate
Is formed by parties entering in
partnership. When a dispute arises